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law by any party. <br />V. CIVIL PENALTIES <br />15. Payment of Civil Penalties. Defendants shall pay a civil penalty of $50,000 to the <br />United States, to be paid within 30 days of the date of entry of this Consent Decree by the Court. <br />16. Method of Payment. Except as otherwise agreed by the parties, Defendants shall <br />make the above-referenced payment by electronic funds transfer pursuant to instructions to be <br />provided by the Financial Litigation Unit of the United States Attorney's Office, District of <br />Colorado. <br />17. Notice of Payment. Upon payment of the amount required by Section V of this <br />Consent Decree, Defendants shall provide written notice, at the addresses specified in Section <br />XII of this Consent Decree, that such payment was made in accordance with Paragraph. 16. <br />18. Penalties Not Tax-Deductible. Civil penalty payments pursuant to this Consent <br />Decree (including stipulated penalties under Section X) are penalties within the meaning of <br />Section 1620 of the Internal Revenue Code, 26 U.S.C. § 1620, or of 26 C.F.R. § 1.162-21, and <br />are not t~ deductible expenditures for purposes of federal law. <br />VI. RESTORATION PROGRAM <br />19. Completion of Restoration Activities. Defendants shall perform restoration and <br />mitigation projects under the terms and conditions stated in the Restoration and Compliance Plan <br />{"Restoration Plan") that is attached hereto as Appendix A and incorporated herein by reference <br />as an enforceable part of this Consent Decree. The EPA hereby approves the Restoration Plan. <br />20. Reportin~Obli ations. Defendants shall comply with all reporting, wetland success <br />criteria, and other obligations set forth in the Restoration Plan. Defendants' obligations pursuant <br />—7— <br />Case 1:16-cv-02008-WYD Document 2 Filed 08/08/16 USDC Colorado Page 9 of 82